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Tuesday, 23 September 2003

NAVITAIRE CLAIM CAN GO TO TRIAL, RULES JUDGE

After cut-price airline easyJet dumped Navitaire’s internet booking system for a software package supplied by Navitaire’s rival BulletProof Technologies, Navitaire claimed its copyright was infringed and sought to sue easyJet for infringement. A spokesman for easyJet described the claim as “complete nonsense motivated by commercial jealousy”. The Lawyer however reports that specialist IP judge Pumfrey J did not agree and that the application to have the claim struck out was rejected. London solicitors Herbert Smith act for easyJet, while Field Fisher Waterhouse represent Navitaire.

The IPKat observes that it is too early for Navitaire to uncork the Champagne, despite its victory. There is all the difference in the world between persuading the court that you do indeed have an arguable case (as happened here) and subsequently winning that argument.

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